Summary
A 27-year-old government contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons detailed multiple instances of drug use, including marijuana and cocaine use during college, and the misuse of prescription drugs. Specifically, the applicant used oxycodone inconsistently with medical direction, tested positive for oxycodone in February 2007, and obtained Percocet without a prescription. One allegation also stated that the applicant misused prescription drugs after a severe or prolonged illness and had not demonstrated an intent to abstain from future drug abuse.
Disqualifying conditions were raised under AG ¶ 25(a), AG ¶ 25(b), and AG ¶ 25(c). While mitigating conditions AG ¶ 26(c), AG ¶ 26(a), and AG ¶ 26(b) were applied, they were ultimately insufficient to overcome the security concerns.
The denial was based on the judge's finding that the applicant's drug use, including illegal substances and prescription drug misuse, presented significant security risks. The most recent misuse of prescription drugs occurred within a year of the hearing, suggesting an ongoing risk. The applicant failed to provide sufficient evidence of rehabilitation or a long-term commitment to abstaining from drug use, leading to the denial of the security clearance application.
Why the Applicant Was Denied
- The applicant's drug use included illegal drugs and misuse of prescription drugs, which raised significant security concerns.
- The applicant's most recent misuse of prescription drugs occurred within a year of the hearing, indicating ongoing risk.
- The applicant did not demonstrate sufficient evidence of rehabilitation or a long-term commitment to abstaining from drug use.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(b)raisedTesting Positive for Illegal Drug Use
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 26(c)rejectedAbuse of Prescription Drugs Was After a Severe or Prolonged IllnessThe applicant's misuse of prescription drugs did not stem from a severe or prolonged illness.
- AG ¶ 26(a)rejectedBehavior Happened so Long AgoThe applicant's last misuse of prescription drugs was too recent to mitigate concerns.
- AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant did not provide sufficient evidence of a long-term commitment to abstinence.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedFeb 11, 2008
- Answer filedFeb 22, 2008
- Hearing heldMay 30, 2008
- Decision dateJun 24, 2008
Cite For
- Denial of Security Clearance Due to Recent Drug Misuse
- Impact of Past Drug Involvement on Current Reliability
- Consideration of the Whole Person Concept in Security Clearance Decisions